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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --MONDAY, February 25, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer was offered up by the Rev. Dr. Manly.
The Journal of Saturday was read and approved.
Mr. Shorter offered the following resolution:
Resolved, That the Committee on the Public Lands be instructed to inquire into the present condition of the public lands lying within the limits of the Confederate States, and also into the expediency of disclaiming by the Confederate States all title or right in the same in favor of the States respectively in which any public lands may be situated, and that the committee have leave to report by bill or otherwise, as they may deem expedient;
which was adopted.
Mr. Chesnut presented to Congress a memorial from George Fox and John C. Thornton on the subject of an invention; which was referred to the Committee on Patents.
Mr. Waul laid before Congress a communication from Henry Winslow relative to the possession of the Territory of New Mexico by the Confederate States of America; which was referred to the Committee on Territories.
Mr. Waul laid before Congress two communications from O. M. Roberts relative to Indian tribes; which were referred to the Committee on Indian Affairs.
On motion of Mr. Cobb, the general order on the Calendar of the Open Session, it being a bill in relation to public printing, was postponed for the present.
Mr. Memminger presented to Congress a communication from Simpson Bobo relative to the establishment of an armory; which was referred to the Committee on Military Affairs.
On motion of Mr. Barnwell,
Congress went into secret session; and after spending some time therein, adjourned till 12 o'clock to-morrow.
SECRET SESSION.
Congress having resolved itself into secret session,
The Journal of yesterday [Saturday] was read and approved.
The special order of the day being
A bill to be entitled "An act to establish the judicial courts of the Confederate States of America."
The consideration of the same was postponed for the time.
On motion of Mr. Bartow, the resolution suggesting to the officers who have resigned their commissions in the Army and Navy of the United States to file their applications for office under the Confederate States was reconsidered; and on motion of Mr. Bartow, the vote by which the injunction of secrecy was removed from the same resolution was also reconsidered, and the resolution was referred to the Committee on Military Affairs.
On motion of Mr. Bartow, the members of the Committee on Military Affairs were excused from attendance on Congress, for the purpose of allowing them to meet in committee.
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Mr. Barnwell, from the Committee on Finance, reported the following bill:
A bill to define more accurately the exemption of certain goods from duty;
which was read three times and passed.
Mr. Barnwell, from the Committee on Finance, reported
A bill to raise money for the support of the Government and to provide for the defense of the Confederate States of America;
which was ordered to be placed on the Calendar and to be printed.
Mr. Crawford, from the Committee on Commercial Affairs, reported
A bill to authorize the Secretary of the Treasury to establish additional ports and places of entry and appoint officers therefor;
which bill was read the first and second times, engrossed, and read a third time, and passed.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to declare and establish the free navigation of the Mississippi River.
Mr. Sparrow offered the following resolution:
Resolved, That the Committee on Indian Affairs be instructed to inquire into the policy of providing for the appointment of agents to the different tribes of Indians occupying territory adjoining this Confederacy, and, should they consider it advisable to do so, to report a bill for that purpose;
which was adopted.
Mr. Bartow, from the Committee on Military Affairs, reported
A bill to be entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America;"
which was read a first and second time, ordered to be engrossed for a third reading, and which having been done, was read a third time, and passed; and on motion of Mr. Bartow, the injunction of secrecy thereon was removed.
Congress resumed the consideration of
A bill to repeal the navigation laws and all discriminating duties on ships or vessels,
The first section being reported as follows:
The Congress of the Confederate States of America do enact, That all laws which require the registering, enrolling, or licensing of any ship or vessel, are hereby repealed, and also all laws which forbid the employment in the coasting trade of ships or vessels not enrolled or licensed, and also all laws .which forbid the importation of goods, wares, or merchandise from one port of the Confederate States to another port of the Confederate States, or from any foreign port or place, in a vessel belonging wholly or in part to a subject, or citizen of any foreign State or power.
On motion of Mr. Memminger, the following words as they occur were stricken out, to wit:
which require the registering, enrolling, or licensing of any ship or vessel are hereby repealed, and also all laws.
On motion of Mr. Memminger, the section was further amended by adding to the end of the same the words "are hereby repealed."
The section as amended is as follows:
The Congress of the Confederate State of America do enact, That all laws which forbid the employment in the coasting trade of ships or vessels not enrolled or licensed, and also all laws which forbid the importation of goods, wares, or merchandise from one port of the Confederate States to another port of the Confederate States, or from
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any foreign port or place, in a vessel belonging wholly or in part to a subject or citizen of any foreign State or power, are hereby repealed.
The third and last section being reported as follows:
3. A tonnage duty of fifty cents per ton, together with the additional amount of fifty cents per ton for light money, shall be paid upon every ship or vessel which shall be entered at a port of the Confederate States. But the said payments shall not be required more than once in a year from any ship or vessel whose usual employment is in river navigation or in the coasting trade between any ports of the Confederate States.
On motion of Mr. Memminger, the same was stricken out.
On motion of Mr. Sparrow, the title of the bill was changed so as to read as follows:
A bill to modify the navigation laws and repeal all discriminating duties on ships or vessels.
The bill as amended was then ordered to be engrossed for a third reading; which having been done, the bill was read a third time and passed; and on motion of Mr. Memminger, the secrecy thereon was removed.
Mr. Conrad offered the following resolution:
Resolved, That in the opinion of Congress the President, in making appointments in the Army and Navy, should give the preference to officers who have resigned their commissions in the Army and Navy of the United States on account of the secession of the States represented in this body, or of any one of said States, when such officers are found suitable for the service.
Mr. Harrison moved to refer the same to the Committee on Military Affairs; which was agreed to, the States voting as follows:
Yea: Alabama, Florida, Georgia, Mississippi, and South Carolina, 5.
Nay: Louisiana, 1.
Mr. Memminger offered the following resolution:
Resolved, That the heads of Departments be admitted to the floor of Congress both in secret and open session,
And on motion of Mr. Memminger, the same was referred to the Committee on Rules.
The following message was received from the President:
Executive Department,
Montgomery, Ala., February 25, 1861.
Mr. President: The President has on this day approved and signed the following acts which passed the Congress:
An act to declare and establish the free navigation of the Mississippi River;
An act for the relief of William P. Barker; also
A resolution to provide an executive mansion.
ROBT. JOSSELYN,
Private Secretary.
On motion of Mr. Clayton, the regular order was postponed; and
Congress took up the unfinished business of the last session, which was the consideration of the bill in relation to the slave trade and to punish persons offending therein.
The pending question was on the motion of Mr. Withers to amend the third section thereof by striking therefrom the following words:
For all offenses under this act each negro, mulatto, or person of color illegally imported, or sold, purchased, received, concealed, or removed as aforesaid shall be held and considered as a separate offense.
The motion was lost.
The sixth section having been read as follows, viz:
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charged in any manner with the execution of this act, and shall be safely kept, subject to the disposition hereinafter provided. And the said officer shall immediately notify the President of the Confederacy of such arrest and confinement. The President shall, as soon as possible, communicate with the governor of the State whence the vessel in which such negroes were imported cleared, if the same be one of the United States of America, and shall offer to deliver such negroes to the said State on receiving a guaranty from such State that the said negroes shall enjoy the rights and privileges of freemen in such State or in any other State of the United States. If such proposition be rejected, or if the contingency specified above shall not have occurred, the President shall receive any propositions which may be made by any responsible persons or society, who will furnish satisfactory guaranty to the President that such negroes will be transported to Africa and there placed at liberty free of expense to this Government. And if no such proposition shall be made within a reasonable time, the President shall cause the said negroes to be sold at public outery to the highest bidder under such regulations as he may prescribe, the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in the prosecution of the offenders, and the forfeiture of the property, shall be paid, one-half to the the informer (if he be bona fide such) and the other half into the Treasury of the Confederate States.
Mr. Harrison moved to amend the same by striking out the following words, viz:
And if no such proposition shall be made within a reasonable time, the President shall cause the said negroes to be sold at public outcry to the highest bidder under such regulations as he may prescribe, the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in the prosecution of the offenders, and the forfeiture of the property, shall be paid, one-half to the the informer (if he be bona fide such) and the other half into the Treasury of the Confederate States;
which motion was lost.
Mr. Conrad moved to amend the same section by striking out the following words: "enjoy the rights and privileges of freemen in" and inserting in lieu thereof the following words: "be properly provided for by."
The motion was lost.
On motion of Mr. Walker, the section was amended by inserting after the words "or in any of the United States" the following words:
or that such negroes will be transported to Africa and there placed at liberty free of expense to this Government.
Mr. Wilson moved to amend the section by striking out the following words, to wit:
the President shall cause the said negroes to be sold at public outcry to the highest bidder under such regulations as he may prescribe, the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in the prosecution of the offenders, and the forfeiture of the property, shall be paid, one-half to the the informer (if he be bona fide such) and the other half into the Treasury of the Confederate States,
And inserting in lieu thereof the following words, to wit: "the said negroes shall be disposed of as may be prescribed by the laws of the State in which they may be found."
Mr. Chesnut moved to lay the bill on the table.
The motion was lost.
Mr. Cobb moved to amend the section by inserting after the words "sold at public outcry to the highest bidder" the words "in any one of the States where such sale shall not be inconsistent with the laws thereof."
The motion prevailed.
The question then recurred on the amendment of Mr. Wilson, and the vote having been taken by States is as follows:
Yea: Mississippi.
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Nay: Alabama, Florida, Georgia, Louisiana, and South Carolina.
So the motion was lost.
The section as amended reads as follows:
The eighth section having been read, as follows:
Mr. Barry moved to amend the same by striking out the words "or from the time of the discovery of the same."
The motion was lost.
On motion of Mr. Shorter, the section was amended by striking out all of the same and inserting in lieu thereof the following words, to wit:
All proceedings for offenses committed against the provisions of this act, or forfeitures incurred by the same, shall be barred unless commenced within five years from the time the same were committed or occurred, or from the time of the discovery of the same.
The ninth section having been read as follows, to wit:
[Note a: a So recorded in the Journal, but the original draft, on file in the War Department, after the word "offered" reads "to the court," omitting "etc."]
Mr. Barry moved to amend the same by striking out all after words "illegally imported," in the second sentence; which motion was lost.
Mr. Smith moved to amend the bill by adding the following additional section, viz:
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The motion prevailed.
Mr. Barry moved to amend the first section of the bill by striking out the following words, to wit: "other than the slaveholding States of the United States of America."
The vote thereon was taken by States and is as follows:
Yea: Mississippi.
Nay: Alabama, Florida, Georgia, Louisiana, and South Carolina.
So the motion was lost.
The bill was then engrossed, read a third time,
And on the question Shall the bill pass?
The vote was taken by States and is as follows, viz:
Yea: Alabama, Florida, Georgia, Louisiana, and South Carolina.
Nay: Mississippi.
So the bill was passed as amended.
On motion of Mr. Cobb, the injunction of secrecy was removed from the action of Congress in passing the same.
Mr. Brooke moved that when Congress adjourn it adjourn until to-morrow, 11 o'clock.
The motion was lost; and
On motion of Mr. Stephens,
Congress adjourned until 12 o'clock to-morrow.
EXECUTIVE SESSION.
The Congress having gone into executive session, the following communication was received from the President:
Confederate States of America, Executive Department,
Montgomery Ala., February 25, 1861.
Hon. Howell Cobb,
President of the Congress.
Sir: I hereby transmit for the advice of the Congress the following nominations, to wit:
JEFF'N DAVIS.
The Congress then proceeded to act upon the said communication.
And the question being,
Will the Congress advise and consent to the nomination of Henry T. Ellett to be Postmaster-General?
It was unanimously decided in the affirmative.
The question Will the Congress advise and consent to the nomination of Judah P. Benjamin to be Attorney-General?
Was unanimously decided in the affirmative.
The question being,
Will the Congress advise and consent to the nomination of S. R. Mallory to be Secretary of the Navy?
On motion of Mr. Morton, the said nomination was referred to the Committee on Naval Affairs.
The following communication was also received from the President:
Executive Department,
Montgomery, Ala., February 25, 1861.
Hon. Howell Cobb,
President of the Congress.
Sir: I hereby transmit for the advice of the Congress the following nominations of commissioners to the Government of the United States of America, in accordance
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with the resolution of Congress providing for such commission and declaratory of the purposes thereof: A. B. Roman, of Louisiana; M. J. Crawford, of Georgia; and John Forsyth, of Alabama.
JEFF'N DAVIS.
And the question being,
Will the Congress advise and consent to the nominations made by the President as above communicated?
The same was unanimously decided in the affirmative.
There being no further executive business, Congress resumed the consideration of the business upon the Calendar.
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